The Use Of Force In Humanitarian Intervention
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Humanitarian Intervention And The Legitimacy Of The Use Of Force
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Author : Peter Malanczuk
language : en
Publisher: Het Spinhuis
Release Date : 1993
Humanitarian Intervention And The Legitimacy Of The Use Of Force written by Peter Malanczuk and has been published by Het Spinhuis this book supported file pdf, txt, epub, kindle and other format this book has been release on 1993 with Aggression (International law) categories.
The Use Of Force In Humanitarian Intervention
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Author : John Janzekovic
language : en
Publisher: Routledge
Release Date : 2017-11-30
The Use Of Force In Humanitarian Intervention written by John Janzekovic and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-11-30 with Political Science categories.
Humanitarian intervention is a many layered and complex concept. While moral society has an obligation to stop deliberate and persistent serious human rights abuse, the direct use of force remains a contentious option alongside other strategies employed by the international community. This study analyzes the various ethical positions, particularly consequentialism, welfare-utilitarianism and just war theory to unravel this intricate topic. Uniquely, the book goes beyond previous philosophical or ethical treatments of the subject to provide a more rounded and practical reflection on the lessons learned from the revival of humanitarian intervention as a tool of conflict resolution.
The Purpose Of Intervention
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Author : Martha Finnemore
language : en
Publisher: Cornell University Press
Release Date : 2013-01-14
The Purpose Of Intervention written by Martha Finnemore and has been published by Cornell University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-01-14 with Political Science categories.
Violence or the potential for violence is a fact of human existence. Many societies, including our own, reward martial success or skill at arms. The ways in which members of a particular society use force reveal a great deal about the nature of authority within the group and about its members' priorities. In The Purpose of Intervention, Martha Finnemore uses one type of force, military intervention, as a window onto the shifting character of international society. She examines the changes, over the past 400 years, about why countries intervene militarily, as well as in the ways they have intervened. It is not the fact of intervention that has altered, she says, but rather the reasons for and meaning behind intervention-the conventional understanding of the purposes for which states can and should use force. Finnemore looks at three types of intervention: collecting debts, addressing humanitarian crises, and acting against states perceived as threats to international peace. In all three, she finds that what is now considered "obvious" was vigorously contested or even rejected by people in earlier periods for well-articulated and logical reasons. A broad historical perspective allows her to explicate long-term trends: the steady erosion of force's normative value in international politics, the growing influence of equality norms in many aspects of global political life, and the increasing importance of law in intervention practices.
Humanitarian Intervention And Political Support For Interstate Use Of Force
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Author : Cyrille J.C.F. Fijnaut
language : en
Publisher: BRILL
Release Date : 2020-11-30
Humanitarian Intervention And Political Support For Interstate Use Of Force written by Cyrille J.C.F. Fijnaut and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-11-30 with Law categories.
When can a state give political support to a military intervention in another state? The Government of the Netherlands commissioned an Expert Group to examine this complex, topical and time-sensitive question and to consider whether it should press for international acceptance of humanitarian intervention as a new legal basis for the use of force between states in exceptional circumstances. This volume is the result of those efforts. The Expert Group was led by Professor Cyrille Fijjnaut and consisted of Mr. Kristian Fischer, Professor Terry Gill, Professor Larissa van den Herik, Professor Martti Koskenniemi, Professor Claus Kreß, Mr. Robert Serry, Ms. Monika Sie Dhian Ho, Ms. Elizabeth Wilmshurst and Professor Rob de Wijk. Their thorough analysis and recommendations offer important insights that can aid governments in formulating a position on political support for the use of force between states and humanitarian intervention. The volume also constitutes a useful tool for scholars and practitioners in considering these difficult and important issues.
The Use Of Force In International Law
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Author : Tarcisio Gazzini
language : en
Publisher: Routledge
Release Date : 2017-07-05
The Use Of Force In International Law written by Tarcisio Gazzini and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-07-05 with History categories.
This volume of essays examines the development of political and legal thinking regarding the use of force in international relations. It provides an analysis of the rules on the use of force in the political, normative and factual contexts within which they apply and assesses their content and relevance in the light of new challenges such as terrorism, weapons of mass destruction and cyber-attacks. The volume begins with an overview of the ancient and medieval concepts of war and the use of force and then concentrates on the contemporary legal framework regulating the use of force as moulded by the United Nations Charter and state practice. In this regard it discusses specific issues such as the use of force by way of self-defence, armed reprisals, forcible reactions to terrorism, the use of force in the cyberspace, humanitarian intervention and the responsibility to protect. This collection of previously published classic research articles is of interest to scholars and students of international law and international relations as well as practitioners in international law.
International Law And The Use Of Force
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Author : Christine Gray
language : en
Publisher: Oxford University Press
Release Date : 2018-02-08
International Law And The Use Of Force written by Christine Gray and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-02-08 with Law categories.
This book explores the large and controversial subject of the use of force in international law. It examines not only the use of force by states but also the role of the UN in peacekeeping and enforcement action, and the increasing role of regional organizations in the maintenance of international peace and security. The UN Charter framework is under challenge. Russia's invasion of Georgia and intervention in Ukraine, the USA's military operations in Syria, and Saudi Arabia's campaign to restore the government of Yemen by force all raise questions about the law on intervention. The 'war on terror' that began after the 9/11 terrorist attacks on the USA has not been won. It has spread far beyond Afghanistan: it has led to targeted killings in Pakistan, Somalia, and Yemen, and to intervention against ISIS in Iraq and Syria. Is there an expanding right of self-defence against non-state actors? Is the use of force effective? The development of nuclear weapons by North Korea has reignited discussion about the legality of pre-emptive self-defence. The NATO-led operation in Libya increased hopes for the implementation of 'responsibility to protect', but it also provoked criticism for exceeding the Security Council's authorization of force because its outcome was regime change. UN peacekeeping faces new challenges, especially with regard to the protection of civilians, and UN forces have been given revolutionary mandates in several African states. But the 2015 report Uniting Our Strengths reaffirmed that UN peacekeeping is not suited to counter-terrorism or enforcement operations; the UN should turn to regional organizations such as the African Union as first responders in situations of ongoing armed conflict.
Human Rights Intervention And The Use Of Force
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Author : Philip Alston
language : en
Publisher: Oxford University Press
Release Date : 2008-09-11
Human Rights Intervention And The Use Of Force written by Philip Alston and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-09-11 with Political Science categories.
The imperatives of sovereignty, human rights and national security very often pull in different directions, yet the relations between these three different notions are considerably more subtle than those of simple opposition. Rather, their interaction may at times be contradictory, at others tense, and at others even complementary. This collection presents an analysis of the irreducible dilemmas posed by the foundational challenges of sovereignty, human rights and security, not merely in terms of the formal doctrine of their disciplines, but also of the manner in which they can be configured in order to achieve persuasive legitimacy as to both methods and results. The chapters in this volume represent an attempt to face up to these dilemmas in all of their complexity, and to suggest ways in which they can be confronted productively both in the abstract and in the concrete circumstances of particular cases.
Humanitarian Intervention
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Author : Sean D. Murphy
language : en
Publisher: University of Pennsylvania Press
Release Date : 1996-11-29
Humanitarian Intervention written by Sean D. Murphy and has been published by University of Pennsylvania Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1996-11-29 with Law categories.
Over the centuries, societies have gradually developed constraints on the use of armed force in the conduct of foreign relations. The crowning achievement of these efforts occurred in the midtwentieth century with the general acceptance among the states of the world that the use of military force for territorial expansion was unacceptable. A central challenge for the twenty-first century rests in reconciling these constraints with the increasing desire to protect innocent persons from human rights deprivations that often take place during civil war or result from persecution by autocratic governments. Humanitarian Intervention is a detailed look at the historical development of constraints on the use of force and at incidents of humanitarian intervention prior to, during, and after the Cold War.
Reading Humanitarian Intervention
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Author : Anne Orford
language : en
Publisher: Cambridge University Press
Release Date : 2003-06-26
Reading Humanitarian Intervention written by Anne Orford and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003-06-26 with Law categories.
During the 1990s, humanitarian intervention seemed to promise a world in which democracy, self-determination and human rights would be privileged over national interests or imperial ambitions. Orford provides critical readings of the narratives that accompanied such interventions and shaped legal justifications for the use of force by the international community. Through a close reading of legal texts and institutional practice, she argues that a far more circumscribed, exploitative and conservative interpretation of the ends of intervention was adopted during this period. The book draws on a wide range of sources, including critical legal theory, feminist and postcolonial theory, psychoanalytic theory and critical geography, to develop ways of reading directed at thinking through the cultural and economic effects of militarized humanitarianism. The book concludes by asking what, if anything, has been lost in the move from the era of humanitarian intervention to an international relations dominated by wars on terror.
The Law Against War
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Author : Olivier Corten
language : en
Publisher: Bloomsbury Publishing
Release Date : 2021-07-29
The Law Against War written by Olivier Corten and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-07-29 with Law categories.
Praise for previous edition: “...a comprehensive, meticulously-researched study of contemporary international law governing the use of armed force in international relations...' Andrew Garwood-Gowers, Queensland University of Technology Law Review, Volume 12(2) When this first English language edition of The Law Against War published it quickly established itself as a classic. Detailed, analytically rigorous and comprehensive, it provided an indispensable guide to the legal framework regulating the use of force. Now a decade on the much anticipated new edition brings the work up to date. It looks at new precedents arising from the Arab Spring; the struggle against the "Islamic State" in Iraq and Syria; and the conflicts in Ukraine and Yemen. It also reflects the new doctrinal debates surrounding recent state practice. Previous positions are reconsidered and in some cases revised, notably the question of consensual intervention and the very definition of force, particularly, to accommodate targeted extrajudicial executions and cyber-operations. Finally, the new edition provides detailed coverage of the concept of self-defense, reflecting recent interpretations of the International Court of Justice and the ongoing controversies surrounding its definition and interpretation.